A Role in Reform: The Supreme Popular Tribunal of Cuba’s Bouly-Andux Decision and What It Means for a Changing Cuba

Beginning in 1959, the Cuban Revolution launched a program of socialization and nationalization that upended Cuba’s longstanding system of property rights. This process continued unabated for more than fifty years and involved not only expropriation without compensation, but also a series of onerous regulations that fundamentally altered and restricted the ability of individuals to freely alienate real property. There is a broad body of work that has analyzed these confiscations under existing Cuban, U.S., and international norms, and offered potential remedies ranging from acceptance and reconciliation to challenge and compensation. This Note focuses on ongoing reforms commencing under Raúl Castro in 2011 that appear aimed at re-establishing a market for private property transfers and examines a recent decision by Cuba’s supreme judicial body that may advance new, creative solutions to accomplish such a transition.

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